KESARWATI Vs. FINANCIAL COMMISSIONER DELHI

JUDGEMENT

(1.) SINCE the impugned orders (Annexure-N and Annexure-P) in the above captioned two petitions are the same, therefore it was stated by learned counsel for the petitioners of the afore-noted two petitions that the submissions advanced would be identical and thus, both these petitions were heard together and are being disposed of by this common order. Petitioner- Mahender Singh while claiming to be the Bhumidhar of the subject land had executed General Power of Attorney of 23rd July, 1998 on behalf of the kumharan community in favour of petitioners Smt. Kesarwati, etc. Petitioner Mahender Singh is respondent No.12 in the writ petition filed by petitioner - Smt. Kesarwati and he supports the case of the petitioner Smt. Kesarwati & Ors.

(2.) THE order impugned herein is of 8th June, 2006 of the Financial Commissioner, Delhi, who vide aforesaid order has dismissed petitioners' appeal under Section 64 and 65 of the Delhi Land Revenue Act, 1954, against Collector's order of 20th March, 2006 declaring mutation of agricultural land measuring 7 Bighas and 3 Biswas in Khasra No. 82/23 (2-1) and 82/24 (5-2), situated in the revenue estate of Village Sultanpur Dabas (hereinafter referred to as subject land) in favour of petitioners as illegal and void.

(3.) WHETHER the kumharan community has consisted of just five members, i.e., petitioner Mahender Singh and four others, or that bhumidari rights conferred upon the kumharan community could be transferred to third parties, cannot be subject matter of the proceedings Delhi Land Revenue Act, 1954 and therefore, submissions advanced on this aspect are not being adverted to and are left open to be considered in appropriate proceedings. In view of the dictum in Master Mayank (supra), concededly the question of status of the petitioners in the subject land is not required to be gone into, in proceedings under the Delhi Land Revenue Act, 1954 and the same can be examined as and when provisions of Delhi Land Reforms Act, 1954 are invoked.